Open AccessREGULATION OF COERCIVE MEASURES OF A MEDICAL NATURE
Author(s) -
Gennady Nazarenko
Publication year - 2017
Publication title -
izvestiâ ûgo-zapadnogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2686-6757
pISSN - 2223-1560
DOI - 10.21869/2223-1560-2017-21-2-164-168
Subject(s) - legislature , legislation , criminal code , political science , criminal law , psychology , law , criminology
The article is devoted to the legislative regulation of compulsory medical measures. The author shows that the legislative regulations of such measures are not limited to the criminal legislation norms. A number of articles regulating compulsory treatment are envisioned by the Law on Psychiatric Care, as well as other federal regulations. However, the legislative recommendation of coercive measures of medical nature has gaps regarding the implementation of such measures. The article reveals compulsory measures of medical nature, appointed and applied against pedophiles. The author draws attention to the restrictive conditions, the observance of which is necessary for imposition of compulsory treatment for this category of persons. The article emphasizes that the use of coercive measures of medical nature for pedophiles who have committed crimes against the sexual inviolability of minors can continue after serving their sentences if the purposes of applying coercive measures are not met. The basis for the extension of such measures is the public danger of a person suffering from sexual drive disorder. The public danger of persons listed in article 97 of the Criminal Code of the Russian Federation is the only basis for use of coercive measures of medical nature. Persons who are not dangerous are to be treated in medical organizations that provide psychiatric care on a general basis. In necessary, such persons can be send to the handicap centres.